Discussing the right to disconnect
Employers and employees are encouraged to discuss out of hours contact and set expectations that suit the workplace and the employee’s role.
Watch our right to disconnect videos for small business and read our tips to help you have these conversations.
On this page:
- What is the right to disconnect
- Videos for small business
- Tips for discussing out of hours contact
- Tools and resources
- Related information
What is the right to disconnect
Employees have the right to refuse to monitor, read or respond to contact, or attempted contact, outside their working hours unless doing so is unreasonable. This includes contact or attempted contact from an employer or a third party.
Find out more about the right to disconnect, including disputes and protections, at Right to disconnect.
Videos for small business
The right to disconnect rules applied to small business employers and their employees from 26 August 2025. This legislation provides employees with the right to disconnect to help them balance work and life. Watch our 3 videos for small businesses.
Each video has subtitles available in Traditional Chinese, Simplified Chinese, Vietnamese, Korean, Thai or Arabic.
Video: Right to disconnect and small business
Watch our video to understand the rules and how they apply to small business.
Video: Right to disconnect: Having a conversation
Watch our video for tips on how to have a conversation about the right to disconnect.
Video: Right to disconnect - senior roles
Watch our video for practical steps employers can take to help avoid issues in the workplace.
Tips for discussing out of hours contact
Regular and open communication helps maintain a harmonious working environment. It can also prevent workplace problems from happening. Both employees and employers are responsible for open and effective communication at and about work.
For more information about workplace communication, visit Preventing workplace problems.
Employers and employees are encouraged to discuss out of hours contact and set expectations that suit the workplace and the employee’s role. Where possible, there are benefits to having these conversations before out of hours contact happens.
A discussion about out of hours contact could include:
- when the employee may be expected to monitor, read, or respond to contact
- pay and conditions that may relate to out of hours contact
- preferred out of hours contact channels
- who needs to be aware of out of hours contact arrangements
- when arrangements should be reviewed.
Employers should also consider:
- what training is needed to help support managers, supervisors and employees
- what internal policies, procedures and documents may need to be reviewed and updated
- how the arrangements may be recorded.
When the employee may be expected to monitor, read or respond to contact
It’s important employees know when they can disconnect from work and when they may be expected to monitor, read or respond to contact.
For example, a specialist technical engineer is told that while out of hours contact isn’t common, they may be contacted out of hours in response to a critical technical outage. They don’t need to monitor emails, but they will be expected to answer or return a phone call about a serious outage.
Pay and conditions that may relate to out of hours contact
Check the relevant award, enterprise agreement or employment contract for entitlements that may apply. For example, awards may set out how the right to disconnect works with emergency roster changes, stand-by and call back clauses in the awards.
Check how the right to disconnect works in your award at Right to disconnect in awards and agreements.
Learn more about Pay and wages and Employment conditions.
Myth: An employee can’t use their right to disconnect if their contract includes reasonable additional hours
An employee has a right to disconnect and refuse contact outside their working hours unless doing so is unreasonable. Whether a refusal is reasonable will depend on the circumstances of the employee and the refusal, which must consider the factors listed at Right to disconnect.
Preferred out of hours contact channels
For example, if there’s a serious issue, an employee may prefer to be called on their personal phone so that they don’t have to monitor a work phone or email account.
Who needs to be aware of out of hours contact arrangements
For example, managers and supervisors may formalise arrangements for out of hours contact and communicate those arrangements with senior leaders. For external clients, managers and supervisors may consider whether and how they should discuss expectations about communication with their clients.
When arrangements should be reviewed
For example, the arrangement could be reviewed on a regular basis or when there’s a change in an employee’s hours, a change to hours or work due to a flexible work arrangement.
What training is needed to help support managers, supervisors and employees
For example, managers can develop their skills by:
- completing our Difficult conversations in the workplace manager online course
- reading our Consultation and cooperation in the workplace best practice guide.
Employees can develop their skills by completing our Difficult conversations in the workplace employee course.
What internal policies, procedures and documents may need to be reviewed and updated
For example, updates to position descriptions to reflect expectations for out of hours contact.
How the arrangement may be recorded
For example, recording the arrangement in writing.
Source reference for page: Fair Work Act 2009 sections 149F, 333M–333Q, 333V, 340–341.
